Saturday, August 10, 2024

NOTES ON ANTI DUMPING DUTY APPLICABILITY AGAINST THE IMPORTS UNDER AA,EOU,SEZ,EPCG and IGCR

 1.ADD is exempt only for imports under AA,EOU and SEZ

https://www.dgtr.gov.in/faq Directorate General of Trade Remedies FAQ

Q.20. Does the levy of Anti Dumping duty on a particular product extend to all imports of that product? Which imports are exempt from such duty ?

Ans. The levy of anti dumping duty is both exporter specific and country specific.

It extends to the imports from only those countries in respect of which dumping has been alleged and the complaint has been filed and duty recommended.

Such duty will not apply to the imports from other countries in respect of which the domestic industry has not alleged dumping.

However, the anti dumping duty is not payable on imports against the Advance License scheme or on imports by the 100% EOUs /EPZ units, even if such imports are from the countries under complaint.

 

2 ADD is not exempt for imports under EPCG

 

The customs Notification number 26/2023 dated 1st April, 2023 regarding EPCG, Sl 1(ii) does not mention the ADD section 9A of the Customs Tariff Act, 1975 in exempted additional duties list hence imports under EPCG is not exempted from ADD

 

3.Imports under IGCR

 

The Customs (Import of Goods at Concessional Rate of Duty or for Specified End Use) Rules, 2022 Rule 2 ( b) reads as follows;

an importer intends to avail the benefit of any notification and such benefit is dependent upon the use of the goods imported being covered by that notification for the manufacture of any commodity or provision of output service or being put to a specified end use”

 

It is clear that IGCR rules is applicable for the importers ( category : manufacturers) for   the specified end use of the materials imported and there is no condition on the export of finished goods made out of raw material imported under IGCR. Hence there is no exemption from Anti dumping duty for the imports under IGCR